Terms

Terms of Use

HELPA and all associated Websites and Apps (the “Websites”) are owned and operated by Care Circle Health Pty Ltd. (“the Company”) an Australian incorporated company.

We have drafted this Terms of Use Agreement (the “Terms of Use”) so that you can understand your rights and obligations relating to the use of the HELPA Websites and any services or information made available on the HELPA Websites (the “Services”). These Terms of Use form a legal agreement between you and the Company (the “Agreement”).

You can request a copy of the Terms of Use by emailing us at info@helpa.app

By accessing the HELPA Websites, you acknowledge and agree to these Terms of Use. If you do not agree to be bound by these Terms of Use, please do not access or use the HELPA Websites. If you are under the age of 16, you confirm that you have your parent’s or legal guardian’s permission to use the HELPA Websites. If you are under the age of 13, please do not use HELPA Websites under any circumstances.

Violations of these Terms of Use may result in termination of your account without notice.

Updates

We regularly update and amend the HELPA Websites and may at any time delete or change any information or services provided. Although we will endeavour to ensure all information contained on the HELPA Websites is accurate, we do not guarantee that all information or prices on HELPA Websites will be complete and accurate.

Content

No formal medical diagnosis, or treatment are allowed on the HELPA Websites or the Services. All information provided on the HELPA Websites or through the Services, or in connection with any communications supported by the Company, including but not limited to communications with registered medical practitioners and wellness experts providing private online consultations (a “Consultation”) on the HELPA Websites (the “Providers”), is intended to be for general information purposes only, and is in no way intended to create a doctor – patient relationship. The HELPA Websites and the Services are not a substitute for professional medical diagnosis or treatment, and reliance on any information provided on the HELPA Websites or through the Services, including the credentials of the Provider, is solely at your own risk. You are solely responsible for satisfying yourself that the Provider is suitably qualified and/or licensed in accordance with local laws to practise in your jurisdiction and in the event of any doubt, you should contact your own doctor with whom you have a doctor-patient relationship. If you become aware of any Provider that is not suitably qualified, please let us know by emailing us at info@helpa.app We reserve the right and have the sole discretion to (but will not be obliged to) remove any Provider’s profile from the HELPA Website and Services at any time.

 Procedures / Products / Services

The HELPA Websites provides remote health advice and information services. The procedures, products, services and devices discussed and/or advertised on the HELPA Websites and the Services are not applicable to all individuals, patients, clients or all clinical situations. Some medical conditions are not suitable for remote consultations, and you should always seek advice from a medical practitioner in person if you are unsure about whether you have been able to explain or communicate your medical needs through our services, or if you have any concerns about the advice you receive from us or if it is different from other advice you have received. We make no claims as to the effectiveness of any such procedures, products, services and devices. Any products and/or services represented on the HELPA Websites by advertisers, sponsors, and other Services participants, either paid or unpaid, are presented for your awareness and do not necessarily imply appropriateness for any particular individual or prediction of effectiveness, outcome or success.

Clients should not use our services in an emergency, or if you have a condition that you know will require a physical examination.

Medical advice

HELPA Websites and the Company do not provide medical advice. HELPA Websites are designed to support the health decisions and choices you make. These decisions and choices are yours, and we believe that you are the best decision maker about your health and that these decisions should be made in connection with the advice you receive within a formal doctor – patient relationship.

On the HELPA Websites, you can ask questions and find information and related educational answers. You can also speak directly to a Provider through a private Consultation. Public questions and answer sections of the HELPA Websites are not a place for the practice of medicine. A limited amount of medical advice may be provided by a Registered Practitioner during a private Consultation (but such advice is solely the responsibility of such Registered Practitioner).

HELPA Websites and the Company are not your doctor. Providers on HELPA Websites are not “your” doctor. When you participate in online Consultations, you understand that Providers are not your primary care doctor and you agree not to use HELPA Websites or Services as a substitute for interactions with your personal doctor. We strongly encourage you to discuss any advice you receive using HELPA Websites with your GP or usual medical practitioner, or healthcare provider.

The Provider shall be solely responsible for determining the need for a face-to-face consultation with the client and the Company will not be held liable for any misdiagnoses, acts or omissions of the Provider, as interactions on HELPA Websites do not constitute the practice of medicine and Consultations cannot be used for providing formal medical diagnosis, for a physical examination, or for treatment. Do not use HELPA Websites or Services to diagnose or treat a medical condition.

Never use HELPA Websites or Services in a potential or actual medical emergency.

 No doctor – patient relationship

The use of the HELPA Websites or the Services does not create a doctor – patient relationship. Everything on HELPA Websites or the use of the Services is for your information, and should be used for informational purposes only. The HELPA Websites and the Services are not a substitute for medical advice, diagnosis, treatment or care from your provider.

No warranties

The HELPA Websites and the Services are provided “as is”. Neither we, Providers, nor any other user of the HELPA Websites, make any express or implied warranties, including implied warranties of accuracy, merchantability, fitness for a particular purpose, and non-infringement. The Company does not make any express or implied warranties that the Providers are validly accredited and/ or licensed to practise their field of expertise. Neither we nor any Providers, of any other user make any warranty that content or Services satisfy government regulations.

For Healthcare Providers only

All healthcare providers (subject matter experts) must comply with PDPA regulations and must only collect, use, and disclose user personal data to the extent that is necessary to provide the service to the user that the user has requested. Further to this all healthcare providers must confirm that they have read and will practise telehealth in accordance with their National Telehealth Guidelines and code of ethics.

By accepting these terms, all healthcare providers warrant that they have a valid practising license from their domiciled jurisdiction, and are fully registered. If this license expires or is revoked for any reason whatsoever, the provider must notify HELPA.

Liability

Content (including content provided in the public questions and answers section and any information provided in private Consultations) on the HELPA Websites (the “Content”) is subject to the following Terms of Use. The authors of such Content (the “Authors”) are solely responsible for their Content. While we hope that you will find all Content informative and educational, neither we nor the Authors make any representations or warranties with respect to any information offered or provided within or through the Content regarding treatment of medical conditions, actions, or application of medication. Under no circumstances, as a result of your use of the HELPA Websites, will the Author, the Author’s employer or sponsor be liable to you or to any other person for any damages or harm-including any direct, indirect, special, incidental, exemplary, consequential or other damages under any legal theory, including, without limitation, tort, contract, strict liability or otherwise, even if advised of the possibility of such damages. Without limiting the generality of the foregoing, the Author (and such Author’s employer and/or sponsor) shall have absolutely no liability for: (a) any loss or injury caused, in whole or in part, by the Author’s actions, omissions, or negligence, in procuring, compiling, or delivering information within or through Content; (b) any errors, omissions, or inaccuracies in such information regardless of how caused, or delays or interruptions in delivery of such information; or (c) any decision made or action taken or not taken in reliance upon such information. This means you should not rely on the Content or make medical or other important decisions based on it, and it also means that the Authors are not responsible for what you do or don’t do with the Content. For medical advice, treatment, or diagnosis, see your personal doctor or healthcare provider. You agree to indemnify and hold the Author and / or the Company (and the Company and the Author’s employer and/or sponsor) harmless from any claim or demand, including attorneys’ fees, made by any third party as a result of (1) any Content posted or made available by you through the HELPA Websites, (2) any violation of law (including a breach of any Local Regulations) that occurs by you through your use of Content, the HELPA Websites or Services, and/or (3) anything you do using Content the HELPA Websites and/or the information contained therein.

NEITHER HELPA, A PROVIDER, AUTHOR, OR ANY OF OUR LICENSORS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR MORE THAN ONE HUNDRED US DOLLARS (US$100).

The Company, its licensors, its suppliers, Providers, Authors or any third parties mentioned on HELPA Websites are not liable for any personal injury, including death, attributable to or caused by your use or misuse of HELPA Websites or the Content, to the fullest extent permissible by law. Any claims arising in connection with your use of the HELPA Websites or any Content must be brought within one (1) year of the first date of the event giving rise to such action. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use. The limitations of liability in this section do not apply to any claims for personal injury or death caused by negligence, breaches of intellectual property provisions by you or your indemnification obligations relating hereunder.

Modification of terms of use

We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms of Use at any time, by posting the revised Terms of Use on the HELPA Websites. You hereby waive any right you might have to receive specific notice of such changes.

Legal use

You may not use the Services in any manner that violates any law, regulation, treaty or tariff or infringes on the legal rights of any third party, in any manner which is defamatory, fraudulent, indecent, offensive or deceptive, to threaten, harass, abuse or intimidate others, to damage the name or reputation of the HELPA Websites, its affiliates, or subsidiaries, to breach security on any computer network, or to access an account that does not belong to you, and in any manner that interferes with other customers’ use and enjoyment of the Services provided by the HELPA Websites.

Every jurisdiction has its own laws and regulations in respect of the use of telehealth services (the “Local Regulations”). By accessing the HELPA Websites and using the Services, you confirm that you understand your obligations under the Local Regulations relevant to the territory in which you are located and will comply with such Local Regulations. Guidelines are generally made available online by the relevant local regulatory authorities.

You agree to take no action which is intended to, or would reasonably be expected to harm HELPA or the HELPA Websites or its reputation or which would reasonably be expected to lead to unwanted or unfavourable publicity to HELPA or the HELPA Websites.

You may use the HELPA Websites only in accordance with these Terms of Use and for lawful purposes as stipulated by law. You may not abuse the HELPA Websites in any way. You may not use any automated software when accessing and using the HELPA Websites.

Miscellaneous

The HELPA Websites may be viewed internationally and may contain references to products or services not available or approved in all countries. References to a particular product or service do not imply that such product or service is appropriate or available to all persons of legal purchasing age in all locations, or that we intend to make such product or service available in such locations. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.

We make no representation that all products, Content or Services described on or available through the HELPA Websites are appropriate or available for use in locations outside of Australia. Users visit the HELPA Websites access our Content and Services on their own initiative and are responsible for compliance with local laws. We make no claim that Content or Services are appropriate or may be downloaded outside Australia.

Government compliance

The performance of our obligations under these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of HELPA Websites and Services or information provided to or gathered by us with respect to such use.

Severability and enforceability

If any provision or portion of these Terms of Use is held illegal, invalid, or unenforceable, in whole or in part, it shall be modified to the minimum extent necessary to correct any deficiencies or replaced with a provision which is as close as is legally permissible to the provision found invalid or unenforceable and shall not affect the legality, validity or enforceability of any other provisions or portions of these Terms of Use, and the other provisions of the Terms of Use shall remain in full force and effect.

Transfer of information

Any information you provide to us will be transferred to the Company or its related companies or subsidiaries in accordance with applicable laws. Any disputes arising in connection with this the HELPA Websites will be subject to jurisdiction of the courts of Australia. By using the HELPA Websites, you consent to this transfer of information, the Privacy Policy and the Terms of Use.

 Choice of law and venue

These Terms of Use shall be governed by and construed in accordance with the laws of Australia.

All disputes arising under these Terms of Use (or the Agreement) will be settled in accordance with the Arbitration Rules of the Australia International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this clause. The tribunal shall consist of 1 arbitrator (appointed by the Company). The language of the arbitration shall be English. Any arbitral award will be final, non-appealable and binding on the parties. Judgment upon an award rendered may be entered in any court having competent jurisdiction.

Payment

(Applicable only to Clients purchasing Consultations)

  1. Prices. The price of a Consultation or a group of Consultations (“Packages“) will be set out in the App or on the Website at the time of the Client purchasing from a Provider. The prices may change at any time as they are set at the discretion of the Providers, but price changes will not affect any services that you have already ordered.
  2. Fees. You are responsible for paying the price for the Consultation or Packages and any additional charges (“Charges“). Charges could include:
    1. any applicable service tax, as required by the jurisdiction
    2. HELPA Service Fee
    3. reasonable credit card or other processing fees, where these are incurred.
  3. Payment. You can make payment using a In-App Purchase, Credit Card or Invoice (in pre-agreed circumstances). You will be charged at the point of purchase.

Payment terms

(Applicable only to Providers providing Consultations)

  1. Consultation Fees. You are entitled to charge a fee for each Consultation or Package provided to a Client that is facilitated by the Services (“Consultation Fee“), where such Consultation Fee is calculated based upon the “Consultation Fee” / “Packages Fee” provided by you and set out in your “My Fee and Payments” (if you are a subject matter expert). You: (i) appoint the Company as your limited payment collection agent solely for the purpose of accepting the Consultation Fee on your behalf via the payment processing functionality facilitated by the Company; and (ii) agree that payment made by a Client to the Company shall be considered the same as payment made directly by a Client to you. In addition, the Parties acknowledge and agree that as between you and the Company, the Consultation Fee is a recommended amount, and the primary purpose of the pre-arranged Consultation Fee is to act as the default amount in the event you do not negotiate a different amount. You shall always have the right to: (i) charge a Consultation Fee that is less than the pre-arranged Consultation Fee; or (ii) negotiate, at your request, a Consultation Fee that is lower than the pre-arranged Consultation Fee.
  2. Your Payment. The Company agrees to remit to you on at least a weekly basis the Consultation Fee less the applicable HELPA Service Fee (the “Provider Payment“). The Provider Payment must exceed US$100 in order for it to be remitted (the “Minimum“). If you do not reach the Minimum in that calendar month, the Provider Payment will be held until the following month. This will continue until the Minimum is reached and the Provider Payment can be remitted to you. Each Provider Payment shall be made to the bank account specified by you in the “Pay Funds Into” section of your “Fee and Payments“.
  3. Changes to Consultation Fee. You may amend your Consultation Fee at any time by amendment to the relevant section of your “My Profile“. The Company accepts no responsibility for any delays in implementing an amended Consultation Fee to a Provider’s public profile.
  4. HELPA Service Fee. In consideration of the Company’s provision of the Services for your use and benefit hereunder, you agree to pay the Company a service fee on a per Consultation basis (the “HELPA Service Fee“). The Company reserves the right to change the HELPA Service Fee at any time at the Company’s discretion, and the Company will provide you with notice in the event of such change. Continued use of the Services after any such change in the HELPA Service Fee calculation shall constitute your consent to such change. The default Service Fee amount is $5 for each Consultation commenced. (This includes Video and Offline Share)
  5. Receipts. As part of the Services, the Company provides you a system for the delivery of receipts to Clients for a Consultation. Upon your completion of a Consultation, the Company prepares an applicable receipt and issues such receipt to the Client via email on your behalf.
  6. Taxes. You acknowledge and agree that you are responsible for collecting and remitting all applicable gross receipts, sales and use, excise or any other transaction tax on the provision of Consultations.

Vouchers

From time to time, the Company will issue vouchers to our Providers to provide to their Clients or directly to Clients that provide a benefit (“Vouchers”). Vouchers are to be used in good faith.

A Client’s redemption of a Voucher is subject to the additional terms and conditions as stipulated on the Voucher and the Provider (as the case may be) that offers the particular Voucher to a Client.

Clients must use Vouchers during their applicable validity period. There shall be no extension of time for the validity period of any Voucher redemption dates. Clients and Providers agree that you will have no claim whatsoever against the Company for any expired Vouchers.

Vouchers are not exchangeable for any other benefit under any circumstances.

If we suspect that either a Provider or Client is abusing the Vouchers, the Company will suspend the relevant account pending investigation and keep the Provider or Client informed of the outcome. The Company may at its sole and absolute discretion disable a Provider or Client account.

Refund policy

We do not support refunds of any kind.

 Cancellation policy

To facilitate the implementation of each Provider’s own cancellation policy, the HELPA Websites allow Providers to deduct a Consultation from a Client’s Package for cancelled or missed consultations, at their discretion.

It is the Provider’s responsibility to inform their Client of their cancellation policy and when a Consultation has been deducted from the Client’s Package due to violation of their cancellation policy.

Providers can deduct a Consultation from a Client’s Package by using the “Offline Session” button. Once clicked, it will be as though the Client attended that Consultation.

Intellectual property

The Company owns the copyright and other intellectual property rights in the HELPA Websites, our services and their content (“HELPA IPR“).

You are permitted to use HELPA IPR in order to receive our services, store it on your device and print copies of it for your personal use. You may communicate material containing HELPA IPR to your local medical practitioner or healthcare provider. You are not permitted to copy, distribute or make any business use of HELPA IPR.

The HELPA mark, logo, combined mark and logo and other marks indicated in our App are trademarks owned by HELPA in Australia and other countries.

Contact information

The Company welcomes your comments regarding these Terms of Use. If you have any comments, please contact us at info@helpa.app In order to process your request, please ensure you state your:

  • Full Name
  • Contact Number
  • Preferred Email Address
  • Details of the nature of your complaint and/or query

You will then be contacted within 30 days. Please note that you may be charged an administrative fee depending upon the nature of your request.

PeopleCheck – Consent Form for Providers